준강간
The prosecutor's appeal is dismissed.
1. The gist of the grounds for appeal by the prosecutor: Although the statements made by the victim that the victim was sexual intercourse with the defendant under the influence of misunderstanding of facts could have been reliable, the lower court rejected such statements and acquitted the defendant, the lower court erred by misapprehending the facts.
2. Determination
A. The summary of the facts charged in the instant case came to know of the victim B (Influence, name, and 20) while conducting online games from around 2016.
Around 08:00 on June 24, 2018, the Defendant found the victim’s house located in Incheon Jung-gu, Incheon, along with her friendship C, under the name of house, and drink drinking at the victim’s house, and then, the victim gets the arms of the victim who is found to be placed on the inside and outside of the room and was placed on the side of the victim’s arms, and was under the influence of alcohol, she exceeded the victim’s name, her breast part, her breast part, and exceeded the victim’s bar and clothes, and sexual intercourse once with the victim.
Accordingly, the defendant has sexual intercourse with the victim by taking advantage of the victim's failure to resist.
B. The following facts are acknowledged according to the court below's judgment and the evidence duly admitted and examined by this court.
1) The victim came to know of the Defendant living in the net world through approximately 2-3 Oral game, and came to know of C through the introduction of the Defendant. The Defendant and C came to know of C. On June 12, 2018, the Defendant and C sent a L message informing the Defendant of this fact on June 13, 2018. On June 14, 2018, the victim sent the Defendant a talk and talk with male-gu and hinging with the Defendant.
3 Since June 16, 2018, C concurrently worked at the victim's house at the time, and came to play at the victim's house. On June 22, 2018, the victim and the defendant were enrolled on the next day with the defendant in the Dowon Station in Incheon Dong-gu, but the victim's shooting is delayed.